that's all for us tonight. a ac 360" starts now. >> thanks, piers. it's 10:00 p.m. here in the east coast. we begin with breaking news. new signs the syrian government could be preparing to do the

unthinkable, unleash chemical weapons on its own people. the united states has new intelligence suggesting syrian forces now mixing the ingredients used to make deadly sarin gas. a serious civil war has progressed. the obama administration has repeatedly warned even just moving chemical weapons would be a red line that could draw a swift response. just hours ago, president obama directly addressing the assad regime about this latest intelligence. >> today, i want to make it absolutely clear to assad and those under his command, the world is watching. the use of chemical weapons is and would be totally unacceptable, and if you make the tragic mistake of using these weapons, there will be consequences and you will be held accountable. >> the world of course has been watching in horror at the atrocities committed by the syrian government. that's why this fear of chemical weapons is so real tonight. we want to show you new video posted on youtube reportedly showing families just after their neighborhood became the target of a regime rocket

attack. like so much video out of syria, cnn cannot independently confirm its authenticity. [ shouting in a foreign language ] [ shouting in a foreign language ] >> you can see the sheer terror for those families, especially the young children, and it's important to note those were conventional rockets they're running from. imagine the fear if the regime produces sarin, loads it into artillery shells and fires it into neighborhoods. the situation there now so dangerous, the united nations

announced today it is immediately pulling all nonessential employees out of syria. arwa damon, one of the few western journalists inside syria right now. you have been to aleppo, where the assad regime has a chemical weapons plant. let's get perspective from the ground and start with the regime. what is it saying about this new u.s. intelligence and now new warnings from the united states all the way up to president obama about a red line on the use of chemical weapons? >> reporter: well, the regime has historically denied that it would use any sort of chemical weapons against its own population, but that is something of an empty promise, at least from the perspective of everyone we have been speaking to about this. many of those fighters that we talked on the ground do say they do believe the greater the stranglehold they have on regime forces in the city of aleppo grows, the greater the likelihood is that in a desperate attempt to somehow either regain control or wreak

mass havoc on the population, the regime would not hesitate when it comes to employing these types of weapons. and of course, when it does come to chemical warfare, there is very little if anything anyone here can do to protect themselves against that. >> well, that was the follow. do they have any defenses, are there any defenses and what are they doing to prepare for the prospect if they think that it's real? >> reporter: they have nothing. they have absolutely nothing. the people here have not had anything to begin with to protect themselves from the bullets and the bombs, and most certainly when it comes to chemical warfare, they have no defenses whatsoever, bearing in mind, too, that this is a population that is not just struggling with the violence and the ongoing strikes and artillery raining around them, it is also a population that is barely able to make ends meet. the prices here have skyrocketed astronomically to the point where bread, something that is a basic commodity, has become something of a luxury.

people are completely and totally helpless already in the face of the regime's air power and other artillery. they are going to be just as helpless in the face of any sort of chemical warfare if the regime does, in fact, decide to employ that. >> is there any sense among the rebels, the opposition, that perhaps they should be more cautious, take things more slowly, if they fear they could be reaching a potential tipping point that would push assad to take this desperate step? >> reporter: they realize that this is a fight until the very end and they most certainly are not going to be backing down, because they believe that if assad would not take this step now, that he would most certainly take it in the future. one also has to realize just how far this rebel fighting force has come with no international aid or no significant international aid whatsoever. they tell us that they have the majority of military bases in the city of aleppo and in the entire province, entirely under siege at this point.

they have pushed regime forces into around a third of the city pretty much in the southeastern portion of the city, and that is where most of the front lines lie. the military here for the most part is forced to air drop supplies to its troops that are stuck on these bases, on many occasions because of fire coming from rebel forces, those air drops miss their targets entirely. they are seeing a growing number of defections. they most certainly do feel despite the fact that it is an incredibly dangerous and very intense front line and there are multiple ones, i must say that, but they do feel that right now, they have the upper hand and while they have the upper hand, they are not going to back down because they quite simply cannot afford to lose any of the significant gains, any portion of this massive amount of territory that they have been able to capture so far. >> arwa damon inside syria for us. thank you. stay safe. >> reporter: thank you. for more on this let's bring in cnn national security

contributor fran townsend, also a member of the cia and homeland security external advisories boards and bob baer, former cia officer. let's go first to the president's warnings. pretty stern words. they came after secretary of state clinton said the use of chemical weapons by the regime would cross a red line. is the president drawing that line and is he bringing the united states any closer to military action in doing so? >> well, john, i think we ought to be clear. they could have left it today with secretary clinton's statement. i think this was a very deliberate point that the president was making. he is fully engaged in this issue. clearly the president's been briefed, he's talking to his cabinet. we should assume that the united states military has continued the operations on the table fully prepared ready to go. there has been talk about the chemical weapons of syria for months, the military has had time to prepare. the administration has been clear, a military option is not where they want to have to go but i think the president's

statement makes the point that they will go there if they have to, and i think that's the right message to send. we cannot permit syria to think using their chemical weapons and sarin gas stockpiles is an option for them. >> you make the important point that when the president gets involved, that's a calculated decision and every word he says is carefully reviewed. he said he had a message to assad and those around him. is that a message about future potential war crimes prosecutions or is it a message trying to encourage those around him to maybe get out of town, defect? >> well, i think it is -- it's sort of both to those around him, you know. you can stand with him and run the risk of being prosecuted or killed in a conflict, or you can turn but i think it's also a message not simply to the syrians around assad, i think it is also a subtler message to the iranian regime that is clearly continuing to support assad with weapons and training and advice,

though i think it's both to those immediately around him and to iran. >> bob, given the iraq history, there could be some skepticism starts talking about intelligence, weapons of mass destruction. but there are multiple sources of intelligence in this indication. how serious is this threat, the fact they're actually possibly mixing the chemical agents? >> oh, this is deadly serious. on iraq, a lot of it was hypothesis before we went in 2003, as the bush administration hyped that intelligence, but i guarantee you on syria, this is very real. this binary chemicals, they have the capability to put them in shells, to drop them by air, extremely dangerous. they are very advanced and they could do a lot of damage. secondly, i think what we have to understand is the minority regime there with its back against the wall will use the weapons. if it's death or taking care of the opposition, they will use

them. there's no doubt in my mind. >> you say you have no doubt. explain why you have no doubt a little further. it is as you know a minority regime. does assad think he could use these weapons and survive or would it be if i have to go, i'm taking a lot of people with me? >> it's that. it's the sampson option. i have been dealing with the alowites until the 1980s, how many years is that, 30 years? it's a mentality, closed mentality, almost a cult that runs that country. they think that if they don't hold on to damascus and the other major cities in syria, they will be destroyed as a community. they have nowhere to go. you have to look at it from their perspective. i don't agree with it but this is the way these people think and i have heard it repeated over and over again that they will use any weapons necessary to survive. i was in hamma after the city was destroyed, 25,000 people at least were killed. they are perfect capable of

carrying out an attack like that right now. >> fran, when you hear such a sober, seasoned view from bob baer, you have been in the situation room, been in the contingency planning situations in the white house when situations like this emerge. what kind of planning is taking place now and what does red line mean? does red line mean if you use those weapons we retaliate or does it mean if we actually see you loading up the artillery shells, if we see you moving them in a way you can use them, then we would strike? >> you know, your second question, john, we don't know the answer to that. that's obviously a discussion inside the situation room of the white house as we speak. the president is going to have to dide when is it too far to tolerate in terms of the progression to the actual deployment of a chemical weapon. i will tell you, i expect there's a number of things going on behind the scene right now. first and foremost, secretary of state is no doubt in contact with her counterpart and allies

around the world, trying to foster an understanding of when, whether it be arab league or nato or our other allies in europe, when they would support some type of military intervention, would they be with us and under what circumstances, and for what scope of an operation. i'm sure, you know, all of the regional allies that are affected, jordan, turkey, israel, all of them must be spoken to and coordinated with as well. so this is a very difficult sort of multi-layered chess game both for the secretary of state and the secretary of defense, who must also coordinate and try to build coalitions around this in the midst of this crisis. we will be sharing intelligence with our allies, the intelligence agencies will be talking among themselves so they are building a common comprehensive picture of the situation on the ground. so there's a lot of activity that's going on, diplomatically, militarily and in the intelligence circles that we

just don't see. >> bob, i almost hate to ask the question but for somebody who is unfamiliar, if assad is mixing sarin gas, were he to use sarin gas, what are we talking about? >> we're talking about the kill radius of a small nuclear weapon. very lethal. it would wipe out a whole neighborhood. there is no antidote the locals have for it. we're talking tens of thousands dying in an attack. >> sober message tonight. thank you both. let us know what you think. follow us on twitter. at ac 360. when we come back here in washington, time is running out for lawmakers to strike a deal to avoid the fiscal cliff. negotiations appear to be turning much more into a game of political brinksmanship. both parties pointing the finger at the other. we're keeping them honest next. ] holiday cookies are a big job. everything has to be just right. perfection is in the details. ♪ get to holiday fun faster

with pillsbury cookie dough. how they'll live tomorrow. for more than 116 years, ameriprise financial has worked for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪ five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. >> hi. >> you know, i can save you 15% today if you open up a charge card account with us. >> announcer: we all love a good deal during the holidays, especially identity thieves. they can open an account in your name and go on a serious spending spree.

>> do you have cufflinks? >> mm-hmm. >> gold ones? >> announcer: not on our watch. we're lifelock, with the most comprehensive identity theft protection you can buy. go to lifelock.com or call 1-800-lifelock today. [whoosh] lifelock-- relentlessly protecting your identity. or that printing in color had to cost a fortune. nobody said an all-in-one had to be bulky. or that you had to print from your desk.

at least, nobody said it to us. introducing the business smart inkjet all-in-one series from brother. easy to use. it's the ultimate combination of speed, small size, and low-cost printing. as we do here every night, we're keeping them honest. looking for facts, not offering our opinions or playing

favorites. we're not supporting democrats or republicans. you can go to other cable channels for that. our goal is reporting, finding the truth and calling out hypocrisy. tonight the people you elected to go to washington and get things done can't seem to make any progress at all on the looming fiscal cliff. instead, what we have is a game of finger pointing, both democrats and republicans, what else, blaming each other for the lack of a deal. now, keep in mind time is of the essence here. automatic tax hikes and spending cuts will go into effect in just four weeks if your members of congress can't come together and do a deal. on paper, it shouldn't be too hard. it's the job the american people elected them to do and the american people expect results. they want compromise. in fact, two separate cnn/orc polls, in those polls, an overwhelming number of people, 72%, said both sides should do a better job working together in general. so the people, that's you, want compromise. yet this is how the men and women on capitol hill, the men and women you elected to work for you, have responded over the last 48 hours.

>> i think we're going over the cliff. >> it's unfortunate that the white house has spent three weeks doing basically nothing. >> what we can't do is sit here trying to figure out what works for them. >> the president's ideof a negotiation is roll over and do what i ask. >> it's pretty clear to me they've made a political calculation. >> if their ideas are different from ours, we can't guess what they are. >> we look forward to the time when they are specific. >> they need to be more specific. >> some specificity from republicans. >> some of their specifics. >> that's a decision that lies in the hands of the republicans. >> i was disappointed by the president's initial proposal. >> he can't be serious. >> haven't even begun to be serious. >> we need to get serious. >> i don't think they're serious. >> i would say we're nowhere. period. we're nowhere. >> hard to disagree with that. we're nowhere. period. your congress and the white house at work. did i mention a gallup survey out today found more than half of those surveyed said lawmakers have low or very low ethical standards? according to that gallup survey, congress members only slightly more trusted than car salesmen. when people were asked in our

cnn/orc poll about what they thought washington officials would behave like in these fiscal cliff discussions, 28% said responsible adults. 67% said spoiled children. spoiled children. low ethical standards. if ever there was a time for elected officials to step up and prove they don't deserve that reputation, well, it would be now. house republicans today did offer a counter proposal on the fiscal cliff. their plan, $2.2 trillion deficit savings over the next decade, but it does not include higher tax rates for the wealthy. the house speaker john boehner calls it a credible plan that deserves serious consideration by the white house. guess what? the white house released a statement tonight saying the plan is nothing new, that it lowers rates for the wealthy and sticks the middle class with the bill. so to borrow a phrase, we're nowhere. period. david walker is president and ceo of comeback america initiative. he's made it his mission to promote fiscal responsibility. he joins us along with cnn political analyst, david gergen.

david walker, let me start with you. the house republicans put forward their counter proposal. speaker boehner says it's credible and the white house should consider it. is it credible or is it more of what you have called the irresponsible unethical immoral behavior of all the politicians here in washington? >> i think both sides are now putting things on the table but i think they're confused. what we have to do in the short term is avoid the fiscal cliff. the major decisions with regard to tax reform, social insurance programs, et cetera, can't and shouldn't be made until next year, after the american people are engaged and the committees do their work. >> david gergen, how do you get the political solution that opens the door to the policy conversations? >> well, i was encouraged that the republicans actually came forward with something today. a lot of people thought they would not. the president as you know, his team rejected it late this afternoon, but nonetheless, if people truly want to find a bridge to avoid the fiscal cliff, a way to get to the big issues as david walker says would have to come next year, i think they're the makings of it here. each side will have to compromise some more.

each side will have to eat a little crow but i think it's imperative that the president take the view that what he's looking for is a win-win. if they take a win-win approach, i think they can get a deal. >> comment on that point. if two wrongs don't make a right but the two nonstarters maybe make a starter, how would you help them get there? >> look, i think there's a way to bridge this and for both sides to save face. we ought to be trying to get a credible down payment and a one year extension to get a grand bargain. for example, you can increase the effective tax rates of the wealthy and the share that they pay without increasing marginal tax rates. limit the deduction for people above a certain level. let them be treated just like me. i'm subject to amt. let them only get deductions really for charitable contributions and for interest on a mortgage. you know, on medicare, start making more means testing for medicare premiums. right now, 95% of people get a

75% subsidy for their premium, irrespective of income and wealth. start having more means tested premiums for people above a certain level. there's a way to bridge this to a grand bargain. they need to get to work. >> david gergen, david walker, just gave you at least a short term path. but, but to get that short term path at least in the short term, sounds like the president would have to give up that trophy, the higher rates in the short term. you've advised four presidents, democrats and republicans. do you think this president is ready to do that? >> i'm not so sure, john. i have to tell you that over the last two years, i think it was the republicans who showed an arrogance, a resistance to sort of reasonable compromise, but since this election, there have been -- i think the democrats are the ones who are really trying to rub it in and almost humiliate the republicans, and that's not going to get to a bargain. again, i think it has to be win-win. david walker's a magician at this kind of thing. there are creative solutions to this but it does take both parties.

we truly wanted an agreement and there is -- you hear among some democrats right now and it's disturbing, that maybe we just ought to take it over the cliff, we'll score political points against the republicans, force their hand in the new year. that is a very, very dangerous risky path. >> that raises the question, david walker, do they get it? you say they're confused about the fiscal cliff and the long term challenge of a grand bargain but do they get it? are they stuck in their idealogical vault on both sides and they don't see the stakes? >> they're way too involved in partisan politics, not enough listening to the american people. there is only one kind of mandate that occurred in the election in november, because the public returned the republicans to the house, the democrats to the senate, and president obama to the white house. they want them to start solving problems. they are absolutely disgusted with this and if they go over this cliff, believe me, there's going to be a price to be paid

and nobody's going to be a winner on it. >> yeah, but i do want to add, john, i do believe the president did get a partial mandate, at least the voters said the wealthy in this country ought to pay higher taxes. now, how you get to the higher tax, whether you raise rates, whether you reduce deductions, there are a lot of different ways to get there. the point is, i think everybody now agrees that -- not everybody agrees, but that we need more revenue and that the wealthy ought to be the first ones in line. and that seems to be reasonable, but i think the white house can get too stuck on this whole question of rates as opposed to finding a creative solution that brings in more money. >> david, i agree with you, but you do that through effective tax rates, not through marginal tax rates. that's how you bridge it. >> i agree with that. >> two very smart davids. gentlemen, thank you. >> thank you. internet security guru john mcafee in hiding. martin savage got the first on camera interview with mcafee

since he went on the run. an undertaking almost as bizarre as the story itself. the exclusive interview and what made it so strange 234e6789. [ male announcer ] alka-seltzer plus presents the cold truth. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-seltzer on facebook. ♪ you can stay in and like something... ♪ [ car alarm deactivates ] ♪

...or you can get out there with your family and actually like something. ♪ the lexus december to remember sales event is on, offering some of our best values of the year. this is the pursuit of perfection. and his new boss told him two things -- cook what you love, and save your money. joe doesn't know it yet, but he'll work his way up from busser to waiter to chef before opening a restaurant specializing in fish and game from the great northwest. he'll start investing early, he'll find some good people to help guide him, and he'll set money aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade.

newly released photos shows a bloody george zimmerman on the night he shot and killed trayvon martin. north america's natural gas producers are committed to safely and responsibly providing generations of cleaner-burning energy for our country, drilling thousands of feet below fresh water sources within self-contained well systems. and, using state-of-the-art monitoring technologies, rigorous practices help ensure our operations are safe and clean for our communities and the environment. we're america's natural gas.

the internet security guru john mcafee is wanted for questioning in belize in the death of his neighbor. the strange tale began in early november, when mcafee said someone poisoned four of his dogs. dogs whose barking was apparently a source of tension between the two neighbors. two days after the dogs were poisoned, mcafee's neighbor was shot in the head. mcafee says he didn't kill him but that he's afraid for his own life and that authorities in belize are after him because he refused to pay a bribe to a politician. cnn's martin savidge was the first reporter to find mcafee and interview him on camera since he went on the run and the details surrounding that exclusive interview were almost as bizarre as the case itself. take a look.

>> reporter: the search to find john mcafee began right here at the airport not long after i landed. it began with three simple words, sorry, i'm late. a prearranged code word to let me know i had met the person who would take me to mcafee. but it wasn't that easy. what followed was a long drive through winding, twisting streets and when you thought it was coming to an end, instead we get into a parking lot, quickly jump out, get into another vehicle, drive off again, this time with switchbacks, u-turns and back alleys. it was clearly meant to confuse us as well as anyone following. and then, there we were. face-to-face. observation number one. with john mcafee there is no such thing as a simple answer. you are john mcafee. >> i think so. yes. i am john mcafee. >> reporter: he seemed nervous, anxious, fidgety. are you afraid? >> wouldn't you be, sir? >> reporter: he used that sir thing a lot. his hair is jet black, part of

his disguise, he says, and by his own admission, he's vain, asking us to wait for his hair to dry before starting our interview. and that interview ranged from completely convincing, like when i asked him about his neighbor's murder -- did you kill him? >> i barely knew the man and why would i kill him? he was a neighbor that lived 200 yards down the beach. >> reporter: -- to off the wall. do you really believe the government is -- this is a vendetta by the government of belize to take you down and kill you? >> absolutely, sir. >> reporter: he says he's not on drugs and he hasn't touched alcohol in 30 years. but he has started smoking again which he puts down to current circumstances. and he's not alone. running with his 20-year-old girlfriend and mcafee, who is 67, openly speaks of many more. >> it's absolutely real that i had six -- how many? >> reporter: it seemed almost surreal right down to the coffee i drank with him. before we parted, there was one

more question i had to ask of the software genius. are you a smart man? i know you're an intelligent man. >> i don't think so. if i were smart, would i be here? i'm a foolish man. i know that much. >> reporter: you know what? i believe him. >> martin savidge joins me live. let's start here. how did you originally find john mcafee? >> reporter: you know, john, this was an interview that was weeks in the making, actually, and initially coming down here on the first trip was just to make contact with him. the physical logistics of it were tough, but it was earning his trust that was even more difficult. the man is extremely paranoid. he says that by his own admission. so i think what was key was that last friday, after we had talked many times, the gut feeling of our team was let's go to belize and when we would get to belize, even though nothing had been promised, nothing set up, i called him on the phone and said

look, we're here, we're ready to listen, and that seemed to be what broke the logjam and he said okay, we're going to get together. and we did. so that's how it came about. it was part gut and it was intuition and just the network saying let's go. >> smart reporting. smart reporting. he's now posted on his blog that he's out of belize. anyone know where he is now? >> reporter: no, and you know, i got to say that with the one thing i learned about john mcafee, he's an incredible self-promoter and i'm not saying that you can't trust what he says, it's just that independently, we have not been able to confirm what he has reported on his blog that he is out of the country. the authorities i've spoken with them and they say as far as they know, they still believe he is in the country but let's face it, mexico is not very far away to the north and guatemala is also right next door so those are two very likely possibilities. you know, like everything else with john mcafee, you're simply going to have to wait and see but i would point out the most important thing to remember is the 52-year-old american who was murdered, somebody killed him.

his family grieves as do his friends here on the island, and it's the justice for him that really needs to be found. >> fascinating reporting. persistence from martin savidge. thanks. tonight, george zimmerman's lawyers want to know what took prosecutors so long to turn over this photograph of their bloodied client taken the night he killed trayvon martin. will this new image help prove their case that zimmerman shot the teen in self-defense? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. if you're a man with low testosterone, you should know that axiron is here. the only underarm treatment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied

as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these signs and symptoms to your doctor if they occur. tell your doctor about all medical conditions and medications. do not use if you have prostate or breast cancer. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet, or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. see your doctor, and for a 30-day free trial, go to axiron.com.

[ female announcer ] holiday cookies are a big job. everything has to be just right. perfection is in the details. ♪ get to holiday fun faster with pillsbury cookie dough. britain's royal family is expanding. prince william and katherine, the duchess of cambridge, big baby announcement coming today as we learn she's in the hospital. the latest coming up.

in crime and punishment, new questions tonight on the trayvon martin case. take a look at this photograph

released today by george zimmerman's lawyers. it was taken they say by a police officer the night their client killed the unarmed teenager. you can see there is blood on zimmerman's face and his nose looks swollen. it's the clearest image that surfaced of those injuries described in a police report from that night. zimmerman says he killed martin in self-defense after the teen attacked him, slamming his head against the ground and breaking his nose. zimmerman's lawyers want to know why prosecutors waited until now, until october, to give them the photograph. earlier, the state had turned over a much grainier black and white version of that image. take a look at them side by side. you can see how much clearer the digital version is, but will it help zimmerman's defense? in a statement today, a lawyer for the martin family said quote, this isn't a new photograph. this is a color photograph we have already seen. there would be no interaction between trayvon martin and george zimmerman had zimmerman not gotten out of his car. like the police said, this was ultimately avoidable if george zimmerman had waited in his car and let the police do their job. he also said they're still waiting for x-rays documenting zimmerman's alleged broken nose.

mark o'meara, george zimmerman's attorney joins me now. you have been involved in a number of high profile cases. what do the police say? why is it from the prosecution side it took you so long to get the high resolution photo as opposed to the grainy black and white? >> well, it's just one example of the frustration that we've had in this case getting some discovery. again, we got the grainy black and white in the beginning. we then continued to ask for, we actually got a second one which was a color copy of a picture and finally last month we finally got the digital photo. it's just frustrating because this type of evidence should have come out day one and quite honestly, i think would have gone a long way to quelling all of the anger against george that was sort of propounded by some of the trayvon martin family handlers who just turned this into much more than it ever was in the beginning. >> well, we are where we are now. you heard mr. martin's family saying you've seen the earlier photo, he dismisses it, saying it's not significant, just hd, that you've already seen the black and white version. how do you think specifically this helps your client? >> well, i think it truly just shows there's blood sort of

flooding from his nose, you can see that. you can really see the nose, it's a much better picture, so is it devastating, no, but it's just one piece of evidence that shows what george was going through that night and why he reacted the way he did. again, as other evidence that we showed concerning who was the one who was screaming for help that night, there was some other evidence that came out, it was referenced in a motion that it was george and this type of evidence just needs to come out six, seven months ago. >> you filed a motion friday to get the full audio tape of the interview done by the martin family with the witness believed to be his girlfriend. how crucial is that? what are you looking for and how crucial is it to your case? >> first of all, i think it is the crucial witness of the state's case is the person who was on the phone with trayvon martin just before the incident happened. my frustration is that they've had it since march. we have a copy which first was redacted, of course, and you can tell that it's been edited at least half a dozen to a dozen times. my frustration is i don't have a

copy of the digital format file and it's absurd that i still don't have it. if it's in mr. crump's hands, he should turn it over to law enforcement. if not, he should be subpoenaed to turn it over. that is crucial evidence. i deserve it and my client deserves it. >> let me come back one last point about that new hd version of the photo we've seen. mr. crump, martin family attorney, says he's still waiting for the x-ray of george zimmerman's nose to determine whether it was actually broken. what can you tell us about that and when will it be ready? >> well, mr. crump knows because he saw the medical records before i did, since they were forwarded to him from the state attorney's office, there are no x-rays because mr. zimmerman when he went to the doctor the next day, he really went to be cleared for work. they suggested he get some x-rays and he didn't do it. obviously in retrospect, now that this is an issue, i wish we had x-rays. however, now that we have that picture, i'll let the judge decide, i'll let a jury decide as to whether or not that, in george's mind, was great bodily

injury and of course we have the hits to the back of the head on cement which also suggests great bodily injury. no x-rays but i'm quite okay with that. >> thanks for your time. >> sure. digging deeper, how big of a deal is this from a prosecutor's perspective? former los angeles deputy district attorney marsha clark, author of "guilt by degrees" joins me now. you just heard mr. zimmerman's attorney, mr. o'mara, saying if that high resolution photo had been released on day one, at least in the court of public opinion, it would be a very different picture of his client. do you agree? >> not really. i cannot say that i think it's such a big game changer. we did see the black and white photograph. it's not as detailed, of course, as is the one that shows actual color, and the blood as well. i agree with that. but we did see photographs as you've shown of the back of the head, we saw him with the police in their custody immediately after, we could see the cuts to the back of his head, we could see the blood there, we could see there was some kind of

injury to the front of the face. this does certainly corroborate his claim that there was a confrontation between them, that there was a violent struggle. i don't think even the trayvon martin's family attorney would disagree there was some kind of confrontation between them and a physical altercation. the bottom line, john, though, is does this photograph, this new one, the digital photograph, mean that we no longer have to listen to what or evaluate the credibility of george zimmerman's claim that he acted in self-defense when he shot trayvon martin. no, it doesn't. it doesn't take away from the fact that we still have to believe george zimmerman's version of the events in order to acquit him. this photograph does not change that. >> and does the complaining, the case from mr. o'mara that the prosecution for whatever reason is stalling, that they give him first the grainy black and white photo, then another photo, then finally the color hd photo, does that have any sway with the jury? as he also shows them the photos and tries to say see the blood, this is self-defense?

does questioning the prosecution's tactics, does that help? >> well, certainly the defense does do that, which is why -- just in general, i have to say, john, you never want to mess around with discovery. it's so important. a defendant has the right to defend himself, has a right under the constitution to confront and cross examine witnesses against him and part of that right means that he gets to see the information and the evidence that's going to be presented so he can prepare his defense. and i think it's always inadvisable for the prosecution to hold back evidence that they know they have, you know. you've got to hand it over, you've got to give the defense a chance to look at it. it's never going to look good to a jury if the defense can get up and say hey, you know what, you didn't give me this for months and months and months. he had this tape recording, had this evidence, had this photograph, and he held on to it and sat on it and didn't turn it over to me until yesterday, for example. that never looks good. will it make a difference in terms of the ultimate outcome, i doubt it, because these things are being turned over prior to trial. now, if something's being turned over in the midst of trial, literally at the last minute,

that can look very bad. that can make a jury turn on the prosecution and say why are you hiding this, why do you feel you need to hide it if you have a strong case, why would you do that. but that's not what's happening here. he's claiming that they delayed in the turning over of the evidence. if that's true, they shouldn't do it. and i think that whatever they do have in their possession now, including the tape recording, should be turned over immediately and let the defense look at it. no reason to hide anything here. >> you say you doubt that this particular photo would be particularly persuasive. you doubt that. but do you think it will be the centerpiece of the defense case in terms of what you've seen in the public domain so far? is this image which does show, you're right about the back of the head but this also shows significant injuries to the face, is that the centerpiece of their case as you see it from what's available to us publicly? >> it will be part of the centerpiece for sure, john, because it does show that there's injury to the front of the face. it shows it more graphically than the other ones have. the injuries to the back of the head combined with a bloody nose, he has a bloody nose. let me point out, it's not the

most devastating bloody nose i have ever seen. and there is some swelling there. bear in mind that he could have, you know, damaged his nose banging his head on the front of the pavement. there's a lot of ways where you can -- a lot of opportunities and a lot of ways you can hurt your nose without being assaulted or violently attacked by someone. like i said, i'm sure they will use this photograph and all of the other photographs that show a bloody situation, bloody face, bloody head, but at the end of the day, the jury is going to have to believe what george zimmerman says about who was the aggressor. that's going to be the bottom line. >> marcia clark, thank you so much. a community still coming to grips with the murder-suicide involving nfl linebacker javon belcher. now the family of his girlfriend who he killed speaking out. what they're saying about this tragedy next.

♪ ♪ ♪ why they have a raise your rate cd. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. it's me? alright emma, i know it's not your favorite but it's time for your medicine, okay? you ready? one, two, three.

[ both ] ♪ emma, emma bo-bemma ♪ banana-fana-fo-femma ♪ fee-fi-fo-femma ♪ em-ma very good sweety, how do you feel? good. yeah? you did a really good job, okay? [ female announcer ] to nurses everywhere, thank you, from johnson & johnson. so, the 5.3-liter v-8 silverado can tow up to 9,600 pounds? 315 horsepower. what's that in reindeer power? [ laughing ] [ stops laughing ] [ male announcer ] chevy's giving more. this holiday season, trade up to get the 2012 chevy silverado all-star edition for 0% apr financing for 60 months plus $2,000 cash allowance or get a total value of $9,000.

you won't take our future. aids affects us all. even babies. chevron is working to stop mother-to-child transmission. our employees and their families are part of the fight. and we're winning. at chevron nigeria, we haven't had a reported case in 12 years. aids is strong. aids is strong. but we are stronger. and aids... ♪ aids is going to lose. aids is going to lose. ♪

i'm isha sesay with a 360 bulletin. the family of kasandra perkins, the woman shot and killed by nfl linebacker javon belcher is asking for privacy tonight. they discussed the murder-suicide with our affiliate kctv asking the public to keep them and the belcher family in their hearts. crews in japan removing nine bodies from a collapsed tunnel outside of japan. police say a section of concrete more than 350 feet long fell

from the ceiling. andrew cuomo says his state will need billions of dollars of assistance to build and repair after super storm sandy. john? the first jobs report comes out since the election. far from the east coast, one midwestern community has positive thoughts about their community. largely because of the landscape developing at an astonishing speed. the pioneer spirit is burning brightly. much of it occurs in a few small neighborhoods. >> i can go local. mike farmer is the ceo of

leap 2. a company with a highly advanced mobile search app. >> people stop by the office every day. it's fascinating. >> that must feel pretty good. >> yeah, it does. >> one big reason these companies are clustering here is that google chose this neighborhood to launch its much anticipated super high speed internet connection. 100 times faster than most internet links, google fiber allows massive video data and graphic files to move at astonishing speed, permitting development of whole new applications. >> this is exactly what you wanted. >> that's exactly it. we wanted local entrepreneurs to take advantage of the faster speeds google fiber would bring, and develop. the skies the limit. >> and how high is that? even the tech wizards aren't sure. >> you know, i've been asked

that question a few times, the truthful answer,we don't know yet. now we have a new technology that no one else has in the nation. and it can take our business to a new height that we didn't even dream of. >> the practical effects are easier to predict. better property values, more reasons for investment. for top talent to come and stay. >> how much impact can all of this have on your city? >> i think at the end of the day, if you ask any mayor growing a small business, it's going to grow jobs and ultimately grow the community. >> for now, dreams are growing wild out on the silicon prairie. tom foreman, cnn, kansas city kansas. reaction to the big news across the pond. prince william and katherine are expecting their first child. the announcement comes as kate is in the hospital with severe morning sickness. we'll have the latest on her condition and what the baby means for prince harry next.

try running four.ning a restaurant is hard, fortunately we've got ink. it gives us 5x the rewards on our internet, phone charges and cable, plus at office supply stores. rewards we put right back into our business. this is the only thing we've ever wanted to do and ink helps us do it. make your mark with ink from chase.

if we want to improve our schools... ... what should we invest in? maybe new buildings? what about updated equipment? they can help, but recent research shows... ... nothing transforms schools like investing in advanced teacher education. let's build a strong foundation. let's invest in our teachers so they can inspire our students. let's solve this. plays a key role throughout our lives. one a day women's 50+ is a complete multivitamin designed for women's health concerns as we age. it has 7 antioxidants to support cell health. one a day 50+.

worldwide buzz and it's been trending all day on twitter. their baby will be third in line to the thrown. safe bet, the next nine months will be the focus of many more tweets. the news not entirely unexpected. they've been married 19 months they said they want a family. they were forced to break the news earlier than they planned. >> the pregnancy rumors started soon after they got married. not helped by the fact that princess diana got pregnant the first year of her marriage. this was the duchess on friday visiting her old school. she was in fine form, even playing hockey in high heels. >> we now know she was pregnant. but less than 12 weeks gone. after the visit kate went to

stay with her parents at their new home in bucklebury, where she met up with prince william. on monday she took a turn for the worse. she suffered acute morning sickness, and the couple returned to london for hospital treatment. the duchess will be receiving nutrients, most importantly, she'll be getting lots of rest. messages of congratulations have been flooding in. >> it's absolutely wonderful news, and i'm delighted for them. i'm sure they'll make absolutely brilliant parents. i'm sure everyone around the country willing be celebrating with them tonight. >> the media have been waiting for this story. they're not unduly concerned about her condition at this point. >> max foster joins us now. you say not unduly concerned. any sense at all of when she'll be released or whether there's any cause for alarm?